Homeowners who are once again facing more flood misery should check carefully before taking steps to protect their own property if there is a danger that they could pass on the effects to a neighbour, warns Birmingham solicitor Williamson & Soden.
A successful prosecution by the Environment Agency last November has highlighted that landowners should seek advice about DIY flood defences to ensure they do not fall foul of EA policy on this issue.
A landowner who lived near a brook took steps to improve the flood protection to his home, but in doing so put his neighbours at increased risk of flooding.
Since the Environment Agency had classified the brook as a "main river", it was subject to local byelaws which meant that no work could be carried out within eight metres of it until Agency consent had been obtained.
The landowner did not seek consent and when the EA served him with a notice asking him to remove the defence he had constructed, he did not comply.
In such cases EA guidance states that it is policy to prosecute and when the matter came before the Magistrates Court, it was pointed out that the individual had given no consideration to his duties as an owner of land adjoining a watercourse.
Williamson & Soden is advising landowners to consult the Environment Agency guidance Living on the edge available on their website, to make sure they understand their rights and obligations.
Said property specialist Louisa Jakeman: "If a landowner's work on his own property causes his neighbour's land to flood, he can be liable for civil nuisance, which could result in him having to pay damages."
